According to the provisions of the Criminal Procedure Law, criminal detention can be divided into three types: 1 days, 14 days and 37 days.
Criminal detention is an emergency measure before arrest. Only those who have no time to apply for an arrest warrant will be temporarily detained. After detention, you must immediately apply to the procuratorate for approval of arrest.
Take the above as an example:
1th (the public security organ applies to the procuratorate for approval of arrest within 3 days, and the procuratorate decides whether to arrest or not within 7 days, so it is 1th)
14th (if the case is complicated, the application period can be extended by 4 days, and the approval of arrest is 7 days, 7+7=14 days)
37th (more complicated gangs commit crimes and commit crimes on the run).
However, the detention period of public security organs for investigation is also limited, and the detention period after investigation must be limited: First, change compulsory measures, change arrest into bail or other things. . . . In short, let people go; Second, before the deadline, the investigation ended and the case was transferred to the procuratorate for review. -There are only two options. The detention period for this investigation is
2 months
+1 month (if the case is complicated, it will be reported to the higher level procuratorate for approval)
+2 months (if the case is serious and complicated, it will be reported to the provincial procuratorate for approval)
+2 months (on the basis of the above 2+1+2=5 months, it may be sentenced to more than 1 years' imprisonment and reported to the provincial procuratorate for approval again).
the most special case-postponement of trial: the public security organ needs to report to the Supreme People's Procuratorate, and the Supreme People's Procuratorate will report to the National People's Congress Standing Committee (NPCSC) for approval. -In this case, the public security organs can be exempted from the above-mentioned seven-month detention period for investigation and lock people up indefinitely-however, only super liar criminals can have this honor. Hehe
After the investigation is over, the public security organs will transfer the case to the procuratorate for review, and the procuratorate will also have a time limit (because the suspect may still be locked up and may be wrongly sentenced at this time, so it is necessary to improve the efficiency of handling cases and try to protect the rights of the suspect. ) This period is 1 month+half a month =1 and a half months.
after examination, it is decided not to prosecute or after prosecution, those who do not prosecute are released, prosecuted and transferred to the court. The first trial period is 1 month+half a month +1 month (approved by the Provincial High Court) =2 and a half months
If there is a second trial, the second trial period is the same as the first trial.
After the trial is over, a verdict is made, guilty-transferred to prison for execution (if shot, executed by the court itself), and innocent-released.
Note
If you have been detained in criminal detention, according to the provisions of the Criminal Procedure Law, only lawyers can go to the detention center to meet the criminal suspect.
Close relatives can consider entrusting a lawyer to the detention center to meet the criminal suspect as soon as possible, so as to understand the real situation and appease the criminal suspect's emotions.
after the meeting, the lawyer should make a preliminary judgment on the circumstances of the crime to see whether there is a crime or whether there is a lighter or mitigated circumstance such as surrender, meritorious service, accessory, attempt, etc., and provide legal aid in time to apply for bail pending trial.
please click to enter a picture description (maximum 18 words).